SSS Survivor Pension Entitlement in Case of Multiple Marriages (Philippines)

When an SSS member dies, the death benefit—usually a monthly pension and, in some cases, a lump-sum—is paid to a defined order of beneficiaries under the Social Security law and its implementing rules. Questions explode when there are overlapping marriages or competing claims from a first spouse, a later spouse, and children from different unions. This article explains, in Philippine context, who gets what and why, with practical steps and edge-case scenarios.

1) The Benefit and the Order of Priority

A. What benefit is paid?

Monthly death pension (the “survivor pension”) is payable when the deceased member met the contribution requirements.
If contribution conditions are not met, or if there are no primary beneficiaries, SSS pays a lump-sum to the next entitled class.

B. Who are the beneficiaries?

Primary beneficiaries (first in line)
- The legal spouse (the marriage must be valid and subsisting at the time of death) and
- The member’s dependent children (legitimate, legitimated, legally adopted, and illegitimate) who are unmarried and generally below 21; a child over 21 who is permanently incapacitated and dependent since before age 21 also qualifies.
Secondary beneficiaries (only if there are no primary)
- The dependent parents.
Designated beneficiary / legal heirs (only if no primary and no secondary)
- Receive a lump-sum, not a monthly pension.

Key idea: If any primary beneficiary exists (even just one dependent child), no lump-sum to secondary/designees; the claim stays within the primary class.

2) “Legal Spouse” in Multiple-Marriage Situations

The word legal is decisive. SSS recognizes a spouse only if the marriage was valid under Philippine law and subsisting at the member’s death (i.e., not dissolved by a final decree of nullity/annulment or death of the spouse, and not void).

A. Two civil marriages, earlier one undissolved

The first marriage remains valid unless dissolved by death, annulment/nullity, or presumptive death with a court declaration followed by a valid remarriage.
A second marriage contracted while the first is subsisting is generally void, so the first spouse is the legal spouse for SSS purposes.
The second “spouse” usually has no spousal entitlement to the survivor pension, regardless of good faith. (Children from the second union may still qualify—see Section 5.)

B. Void first marriage, valid second marriage

If a court has declared the first marriage void (or annulled) before the member’s death, the first spouse is not “legal.” The second spouse in a valid marriage becomes the legal spouse.

C. Remarriage after presumptive death (Article 41, Family Code)

If the present spouse remarried in good faith after a court declaration of presumptive death of the absent spouse, that subsequent marriage is valid. The present spouse is the legal spouse unless a later court ruling says otherwise.

D. Legal separation

Legal separation does not dissolve the marriage. Unless another disqualifying ground applies, the separated spouse is still the legal spouse at death.

E. Muslim polygyny (Code of Muslim Personal Laws)

A Muslim member may have more than one legal wife if the marriages were validly contracted under Muslim law. In such case, each legal wife is a legal spouse. SSS typically apportions the spousal share among the legal wives (often pro-rata), alongside the shares of qualified dependent children. Documentary proof of Islamic marriage(s) is required.

F. Putative spouses and common-law partners

A partner from a void marriage or common-law union is not a “legal spouse.” They do not qualify as primary spouse beneficiary.
However, children from these unions may still be primary beneficiaries (see Section 5).

G. Ex-spouse (marriage dissolved before death)

A spouse whose marriage to the member was annulled/voided by final judgment before death is not a legal spouse and not entitled to spousal pension.

3) When Does the Spouse’s Pension Stop?

The dependent spouse’s share is generally payable for life, but it typically ceases upon remarriage.
It also terminates if the spouse is later judicially disqualified (e.g., proof emerges that the marriage was void and another legal spouse exists), in which case SSS may re-adjudicate and reallocate shares prospectively.

(Note: Children’s shares end under different rules—see Section 5.)

4) Competing Spouses: How SSS Resolves

When multiple “spouses” file:

Document review. SSS examines: PSA certificates of marriage, court decrees (nullity/annulment, presumptive death), conversion to Islam and Muslim marriage contracts (if applicable), and death certificates of prior spouses.
Validity and subsistence test. SSS identifies which marriage(s) were valid and subsisting at death.
Apportionment.
- If only one legal spouse: that spouse gets the spousal share (together with dependent children).
- If several legal spouses (e.g., valid polygyny): SSS divides the spousal share among them, commonly pro-rata, while children’s shares are computed separately.
Re-adjudication. If a later court decision changes marital status findings, SSS can modify the ongoing pension allocation.

5) Children from Different Unions

Children’s rights do not depend on the marital status of their parents for SSS purposes, provided they meet the dependency criteria.

Who qualifies:
- Unmarried, below 21, and not gainfully employed; or
- Over 21 but permanently incapacitated and dependent since before 21.
- Includes legitimate, legitimated, legally adopted, and illegitimate children.
How children share:
- Qualified dependent children collectively receive a children’s share (structured by SSS rules) in addition to the spouse’s share.
- Children from all unions who meet the criteria are counted together.
- A child’s share ceases when the child turns 21, marries, becomes gainfully employed, or—if incapacitated—when incapacity ceases or upon death.
- As each child ages out, the children’s portion is recomputed; the spouse’s portion may continue (subject to Section 3).

Even if the “spouse” of a later void marriage is not entitled, the children from that union may still be primary beneficiaries if dependent.

6) What If There Are No Primary Beneficiaries?

If there is no legal spouse and no qualified dependent child, SSS looks to secondary beneficiaries—the dependent parents.
If none, SSS pays a lump-sum to the designated beneficiary (if any) or legal heirs under succession law. (Designations never defeat the rights of primary beneficiaries.)

7) “Multiple Marriages” Scenarios—Quick Guide

First marriage valid and still subsisting; second marriage during the first
- Spouse entitled: First spouse only.
- Children: From both unions may qualify if dependent.
First marriage voided/annulled by final judgment before death; second marriage valid
- Spouse entitled: Second spouse.
- Children: From all unions may qualify if dependent.
Remarriage after court declaration of presumptive death
- Spouse entitled: Present spouse (marriage presumed valid).
- Children: As qualified.
Muslim member with two or more valid Muslim marriages
- Spouses entitled: All legal wives, share the spousal portion.
- Children: As qualified, share children’s portion.
No legal spouse; only children
- Children receive the primary entitlement (subject to dependency rules).
No spouse, no children; parents alive and dependent
- Parents receive as secondary beneficiaries (usually lump-sum if no pension qualification).

8) Effects of Conduct and Later Events

Spouse’s remarriage: Generally terminates the spouse’s pension going forward.
Discovery of prior valid marriage: Can disqualify a later “spouse” and shift the spousal share to the earlier legal spouse (prospective adjustment).
Criminal or civil judgments affecting marital validity: SSS aligns with final judgments (not mere allegations).
Abandonment or de facto separation: Does not by itself remove the legal spouse’s status; validity of marriage controls.

9) Documentary Playbook (What Claimants Should Prepare)

For all claims

Member’s death certificate (PSA).
Member’s SS number, E-1/E-4 records (if available), and proof of contributions (SSS retrieves its own records but submit what you have).
Valid IDs of claimants; TIN if requested.

For spouse-claimants

Marriage certificate (PSA).
If previous marriages exist: proof of dissolution (death certificate of prior spouse; final court decree of nullity/annulment; court declaration of presumptive death, as applicable).
For Muslim marriages: marriage contract under Muslim law, proof of conversion (if relevant), and/or Shari’a court/registrar documents.

For child-claimants

Birth certificate (PSA).
If child is over 21 but incapacitated: medical proof of permanent incapacity with onset prior to 21.
For adopted children: decree of adoption.
For illegitimate children: documents establishing filiation (PSA birth record listing the member as father/mother, or recognition documents).

For parents (secondary)

Parent-child relationship (PSA birth record) and dependency proof (affidavits, support evidence), plus proof that no primary beneficiaries exist.

10) Payment Mechanics and Adjustments

Start and retroactivity: Pension entitlement generally accrues from the month of death once approved; actual payment starts after SSS adjudication.
Apportionment: SSS computes the spouse’s portion and the children’s portion. If there are multiple legal spouses (Muslim polygyny), spousal portion is divided among them; children’s portion is separate.
Aging out / new proofs: When a child turns 21 or marries or becomes employed, notify SSS; amount is recomputed.
Re-adjudication upon court rulings: Submit final judgments (with entry of judgment). SSS can revise allocations going forward.

11) Frequent Misconceptions

“The second wife in good faith automatically shares.” Not unless the marriage is valid (or the case involves valid Muslim polygyny). Good faith alone does not create spousal status.
“Illegitimate children are excluded.” Incorrect. If dependent, they are primary beneficiaries just like legitimate or adopted children, subject to the same age/incapacity rules.
“A designated beneficiary can beat the legal spouse.” Never. Designations are honored only if there are no primary or secondary beneficiaries.
“Legal separation ends spousal entitlement.” It does not dissolve the marriage; spousal status remains unless a final decree says otherwise.

12) Practical Strategies in Contested Claims

File early, file complete. The first complete claim often frames the case.
Secure PSA and court documents proving the validity (or invalidity) of marriages.
For children from different unions, coordinate to avoid gaps (e.g., proof of ages, schooling, or disability).
If you are the earlier spouse, obtain certified copies of your marriage and proof that no decree dissolved it.
If you are the later spouse, be ready to show why your marriage is valid (e.g., prior marriage dissolved; court declaration of presumptive death).

13) Bottom Line

Validity and subsistence of marriage—not length or good faith—decide spousal entitlement.
Children from all unions can be primary beneficiaries if dependent, regardless of legitimacy.
Muslim polygyny can produce multiple legal spouses, who share the spousal portion.
If any primary beneficiary exists, no lump-sum goes to parents or designated beneficiaries.
The spouse’s pension stops on remarriage; children’s shares adjust as they age out or change status.
Paper wins cases: PSA records, court decrees, and compliance with SSS forms determine outcomes.

This article is for general information and does not replace tailored legal advice. For complex situations—void marriages, overlapping unions, Muslim law issues, or incapacitated children—consult counsel and coordinate closely with your SSS branch to align documentation and expedite adjudication.